Jaitley takes Kejriwal to court again: HC to hear fresh Rs 10-cr suit today

Monday's action by Jaitley comes after Ram Jethmalani's intense cross-examination of the FM

The Delhi High Court will on Tuesday begin hearing the fresh defamation case filed by Union Minister Arun Jaitley against Delhi Chief Minister Arvind Kejriwal, after the latter's counsel Ram Jethmalani confirmed that Jaitley was called a "crook" after being instructed by his client to do so.

The Jaitley-Kejriwal defamation row intensified further in the Delhi High Court on Monday with the Union Finance Minister filing a fresh Rs 10 crore defamation suit against the Delhi Chief Minister, while Kejriwal also approached the court to quash a March 9 trial court summons issued in the criminal proceedings also filed against him by Jaitley.

What prompted the fresh suit?

Monday's action by Jaitley comes after senior advocate Jethmalani's intense cross-examination of the Finance Minister last week with regard to his previous Rs 10 crore defamation case against Kejriwal. During the cross-examination, Jethmalani had made several assertions against Jaitley, including that of 'being guilty of crimes and crookery'. Offended by the objectionable words, Jaitley had demanded an explanation for whether these provocative statements were the result of a personal tiff. Responding to which, the 93-year old veteran lawyer clarified that they had been used on Kejriwal's instructions. Building on this response, the Jaitley camp has cited portions of the cross-examination order sheet and sued Kejriwal for a further Rs 10 crore in their latest move against the Aam Aadmi Party (AAP) supremo.

This is a separate case from the ongoing Delhi and District Cricket Association (DDCA) defamation suit against Kejriwal and five other AAP leaders that Jaitley filed in 2015.

What does Jaitley's new application say

In the fresh suit, Jaitley has accused Kejriwal of causing further damage to his "impeccable reputation" in pursuit of gaining "cheap political mileage". 

"During cross-examination conducted on behalf of the defendant (Kejriwal) herein, the plaintiff (Jaitley) has been subjected to numerous questions, terminologies/statements that are ex facie abusive, malicious, offensive, irrelevant and slanderous," Jaitley said in his new plea.

"The senior advocate representing Kejriwal referred to Jaitley as 'crook'. This statement is not only false, baseless, malicious and abusive, but is per se defamatory," added the plea.

The fresh defamation suit said: "Jethmalani categorically stated that he used the word 'crook' on the instructions from his client, i.e. Kejriwal herein. He further categorically stated that he has received this instruction in his meeting with Kejriwal, and further stated that this meeting was held in absence of the advocate-on-record representing Kejriwal in the said prior suit (first defamation suit)."

It added that "clearly, Kejriwal has brazenly and with a malafide intent to cause further prejudice, damage and loss to the name, reputation and credibility of Jaitley has deliberately used the terminology of 'crook' against Jaitley".

"It is also evident that Kejriwal possessing malicious intent has also attempted to gain cheap political mileage, with ulterior motive and malafide design, by causing further damage to the impeccable reputation of Jaitley."

Kejriwal denies he gave Jethmalani any instructions

Defending his position, Kejriwal's lawyers have denied any such instructions being given to the senior lawyer conducting the cross-examination while Jethmalani has stated that in a suit for defamation, the personal character of the plaintiff is of extreme importance to ascertain the reputation of the individual. The initial Rs 10 crore defamation suit, the cross-examination of which has led up to this latest controversy, was initiated by Jaitley against Kejriwal and five other AAP leaders for accusing the Finance Minister of financial irregularities in the DDCA during his tenure as president of the body between the years of 2000 and 2013. 

In addition to the civil defamation suit, Jaitley has also filed a criminal case of defamation against the six high-ranking AAP members in the Patiala House Court, which is supposed to be heard again on August 5. In the latest series of events relating to these criminal proceedings - first filed in December 2015 - Kejriwal again moved the Delhi High Court on Monday against a March 9 summons issued by the trial court to the Delhi Chief Minister and the other five accused.

The advocate appearing on behalf of AAP leaders informed the court that they are seeking the quashing of the criminal complaint against them and had sought for a short date to complete the necessary formalities and proceed with their challenge. After considering the petition, Justice A K Chawla listed the matter for further consideration on September 6.